what is the main idea of legal realism(10 point)

what is the main idea of legal realism(10 point),第1张

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Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). The essential tenet of legal realism is that all law is made by human beings and, thus, is subject to human foibles, frailties and imperfections.

It has become quite common today to identify Oliver Holmes as the main precursor of American Legal Realism (other influences include Roscoe Pound, Justice Benjamin Cardozo, and Wesley Hohfeld). The chief inspiration for Scandinavian Legal Realism many consider to be the works of Axel Hägerström.

The most famous representatives of American Legal Realism were Karl Llewellyn, Felix S. Cohen, Jerome Frank, Robert Lee Hale, Thurman Arnold, Hessel Yntema, Max Radin, Leon Green, and Fred Rodell. The most famous representatives of Scandinavian Legal Realism were Alf Ross, Karl Olivecrona, and A. Vilhelm Lundstedt. Notably, Karl Llewellyn was a major figure in the debate and teaching of legal realism while a professor at Columbia Law School. No single set of beliefs was shared by all legal realists, but many of the realists shared one or more of the following ideas:

Belief in the indeterminacy of law. Many of the legal realists believed that the law in the books (statutes, cases, etc.) did not determine the results of legal disputes. Jerome Frank is famously credited with the idea that a judicial decision might be determined by what the judge had for breakfast.

Belief in the importance of interdisciplinary approaches to law. Many of the realists were interested in sociological and anthropological approaches to the study of law. Karl Llewellyn's book The Cheyenne Way is a famous example of this tendency.

Belief in legal instrumentalism, the view that the law should be used as a tool to achieve social purposes and to balance competing societal interests.

The heyday of the legal realist movement came in the 1920s through the early 1940s. Following the end of World War II, as its leading figures retired or became less active, legal realism gradually started to fade.

Despite its decline in facial popularity, realists continue to influence a wide spectrum of jurisprudential schools today including critical legal studies (scholars such as Duncan Kennedy and Roberto Unger), feminist legal theory, critical race theory, and law and economics (scholars such as Richard Posner and Richard Epstein at the University of Chicago). In addition, legal realism eventually led to the recognition of political science and studies of judicial behavior therein as a specialized discipline within the social sciences.

Legal Realism emerged as an anti-formalist and empirically oriented response to and rejection of the legal formalism of Dean Langdell and the American Law Institute (ALI), as well as of the "mechanical jurisprudence" or "science of law" with which both became associated.

Legal Realists advance two general claims: 1) Law is often indeterminate and that judges, accordingly, must and do often draw on extralegal considerations to resolve the disputes before them. 2) The best answer to the question "What is (the) law?" is "Whatever judges or other relevant officials do".

Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). The essential tenet of legal realism is that all law is made by human beings and, thus, is subject to human foibles, frailties and imperfections.

It has become quite common today to identify Oliver Holmes as the main precursor of American Legal Realism (other influences include Roscoe Pound, Justice Benjamin Cardozo, and Wesley Hohfeld). The chief inspiration for Scandinavian Legal Realism many consider to be the works of Axel Hägerström.

The most famous representatives of American Legal Realism were Karl Llewellyn, Felix S. Cohen, Jerome Frank, Robert Lee Hale, Thurman Arnold, Hessel Yntema, Max Radin, Leon Green, and Fred Rodell. The most famous representatives of Scandinavian Legal Realism were Alf Ross, Karl Olivecrona, and A. Vilhelm Lundstedt. Notably, Karl Llewellyn was a major figure in the debate and teaching of legal realism while a professor at Columbia Law School. No single set of beliefs was shared by all legal realists, but many of the realists shared one or more of the following ideas:

Belief in the indeterminacy of law. Many of the legal realists believed that the law in the books (statutes, cases, etc.) did not determine the results of legal disputes. Jerome Frank is famously credited with the idea that a judicial decision might be determined by what the judge had for breakfast.

Belief in the importance of interdisciplinary approaches to law. Many of the realists were interested in sociological and anthropological approaches to the study of law. Karl Llewellyn's book The Cheyenne Way is a famous example of this tendency.

Belief in legal instrumentalism, the view that the law should be used as a tool to achieve social purposes and to balance competing societal interests.

The heyday of the legal realist movement came in the 1920s through the early 1940s. Following the end of World War II, as its leading figures retired or became less active, legal realism gradually started to fade.

Despite its decline in facial popularity, realists continue to influence a wide spectrum of jurisprudential schools today including critical legal studies (scholars such as Duncan Kennedy and Roberto Unger), feminist legal theory, critical race theory, and law and economics (scholars such as Richard Posner and Richard Epstein at the University of Chicago). In addition, legal realism eventually led to the recognition of political science and studies of judicial behavior therein as a specialized discipline within the social sciences.

Legal Realism emerged as an anti-formalist and empirically oriented response to and rejection of the legal formalism of Dean Langdell and the American Law Institute (ALI), as well as of the "mechanical jurisprudence" or "science of law" with which both became associated.

Legal Realists advance two general claims: 1) Law is often indeterminate and that judges, accordingly, must and do often draw on extralegal considerations to resolve the disputes before them. 2) The best answer to the question "What is (the) law?" is "Whatever judges or other relevant officials do".

这个歌是有深刻的寓意的,MV展现的正是god控制现在的西方世界的方法和手段(已经渗透进东方国家), LZ可以去搜一下百度贴吧 HAARP 吧的帖子:月球巨大飞船残骸背景分析及研究 或者:唯一的女神,她们两姐妹来自上一个人类文明的遗留,几千年来正是她们创造了现在的西方的工业文明,从某种意义上她们是可以被作为西方世界的god来膜拜的,如果想了解更多,也可以搜一下“共济会”相关资料。

为什么是a gril呢,是因为这个妹妹很调皮,她总是无视姐姐的存在,抢走所有风头,呵呵

《God is a girl》,作词:Axel Konrad,Ole Wierk,Bega Low;谱曲Axel Konrad,Ole Wierk,Bega Low,由由verena演唱,其歌词为:

Rememberingme,Discoverandseeallovertheworld。

曾记得,我遍寻世界。

She'sknownasagirl,Tothosewhoafree,Themindshallbekey。

她作为一个女孩被我们所知。对于自由的人而言,心至关重要。

forgottenasthepast,'Causehistorywilllast。

被遗忘的事情就让它过去吧,因为历史将会延续。

Godisagirl,Whereveryouare,Doyoubelieveit?Canyoureceiveit?

上帝是一个女孩,无论你在何处,你会相信吗?你会接受吗?

Godisagirl,Whateveryousay,Doyoubelieveit?Canyoureceiveit?

上帝是一个女孩,无论你说什么,你会相信吗?你会接受吗?

Godisagirl,Howeveryoulive,Doyoubelieveit?Canyoureceiveit?

上帝是一个女孩,无论你生活怎么样,你会相信吗?你会接受吗?

Godisagirl,She'sonlyagirl,Doyoubelieveit?Canyoureceiveit?

上帝是一个女孩,她仅仅是一个女孩,你会相信吗?你会接受吗?

Shewantstoshine,foreverintime。

她希望永远闪耀在时间的长河中。

Sheissodriven,she'salwaysmine。

她是如此地迫切,她永远属于我。

Cleanlyandfree,shewantsyoutobe,apartofthefuture,agirllikeme。

她希望你变得洁净自由,成为未来的一部分,成为一个如我一般的女孩。

Thereisaskyilluminatingus,Someoneisoutthere,thatwetrulytrust。

苍穹照耀着我们,有人在那儿,就是我们真正信任的人。

Thereisarainbowforyouandme,Abeautifulsunriseeternally。

彩虹为你我出现,一轮美丽的日出是那样的永恒!

Godisagirl,Whereveryouare,Doyoubelieveit?Canyoureceiveit?

上帝是一个女孩。无论你在何处,你会相信吗?你会接受吗?

Godisagirl,Whateveryousay,Doyoubelieveit?Canyoureceiveit?

上帝是一个女孩,无论你说什么,你会相信吗?你会接受吗?

Godisagirl,Howeveryoulive,Doyoubelieveit?Canyoureceiveit?

上帝是一个女孩,无论你生活怎么样,你会相信吗?你会接受吗?

扩展资料:

早在2003年,God is A Girl 迅速登上德国DJ榜单的榜首,并问鼎2003年欧陆舞曲榜。G.C(Groove Coverage)凭借这首畅销单曲,开始在国际上走红,成名于流行乐坛。2006年,该歌曲创造中国海外音乐最高下载量的记录。

God is A Girl 有多个Remix版本,较出名的版本有两个:原版的是God is A Girl(Radio Edit),即有电音的版本。抒情版的为(Album Version)。而(Axel Konrad Remix)则是另一个混音版本,也不是艾薇儿所唱。


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